Lawstreet Journal

It Has Become Common Practice to Use Section 498-A of IPC As A Weapon Rather Than Shield by Disgruntled Wives: P&H HC [READ ORDER]

Lawstreet Journal 5 Jun 2020 4:39pm

Image courtesy: Lawstreet Journal Judiciary It Has Become Common Practice to Use Section 498-A of IPC As A Weapon Rather Than Shield by Disgruntled Wives: P&H HC [READ ORDER]

A Single Judge Bench of Justice Jaishree Thakur of the High Court for the States of Punjab and Haryana at Chandigarh on May 15, 2020, in the matter of Amarjit Kaur and others v. Jaswinder Kaur and another, quashed all the proceedings against the petitioners exercising inherent power under S. 482 of Criminal Procedure Code, 1973, after finding that the complainant-wife had misused S. 498-A of Indian Penal Code, 1860 to harass relatives of the husband. 

 

Background of the case: 

The petitioners had filed a petition under Section 482 of Cr.P.C., seeking to quash Criminal Complaint and the summoning order whereby they had been summoned to face trial under Sections 498-A (husband or relative of husband of a woman subjecting her to cruelty), 506 (punishment for criminal intimidation, 120-B (punishment for criminal conspiracy) of IP. As they didn’t appear before the Court, they were proclaimed as offenders. The Petitioners were the father-in-law, brother-in-law, and sister-in-law of the complainant-wife Jaswinder Kaur.

The criminal complaint had been made by the complainant-wife, who got married to Jaswant Singh on August 05, 1989. Jaswant Singh is none other than the real brother two petitioners and son of another petitioner. The complaint was made against the husband Jaswant Singh, Amarjit Kaur alleged to be the second wife of Jaswant Singh, father-in-law, mother-in-law, brother-in-law, and the sister-in-law.

It was further alleged that soon after the marriage, the accused persons had started harassing her on account of not bringing enough dowry and they had raised a demand… Continue Reading...


Tagged: 498A  
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